These Terms and Conditions (“Terms”) govern the fundraising program (the “Program”) between Donate for Dough, LLC, a Minnesota limited liability company (“Donate for Dough”) and the participating organization (the “Organization”). By signing the Fundraising Card Agreement (the “Agreement”), the Organization has agreed to be bound by these Terms. At the time of completing the Agreement, the Organization will be required to identify an individual on the Agreement who will be in charge of all fundraising activities on behalf of the Organization (the “Organizer”).

 

1. Program Overview: Donate for Dough agrees to sell fundraising discount cards (the “Cards”) to the Organization at a discounted rate of $10.00 per Card.  The Organization and its participants (the “Participants”) may resell the Cards, via pre-sale or online platform, to the public for $20.00 per Card and retain the $10.00 difference as a donation (the “Proceeds”). At no time may cards be sold for an amount exceeding $20.00 per Card nor may Cards be resold after their initial sale by the Organization.

2. Application Review: Upon submission of the Organization’s Agreement and all required information to Donate for Dough, Donate for Dough will review the submission for the purposes of and vetting the Organization, and confirmation all necessary information has been provided. Donate for Dough in its sole and absolute discretion and with or without cause, reserves the right to turn away any Organization from participating in the Program.

3. Organizer Responsibilities: Each Organizer must designate a primary contact person when completing the Agreement (the “Organizer”). The Organizer will serve as the main point of contact between the Organization and Donate for Dough. The Organizer shall have the following responsibilities:

   1. Communication. The Organizer must respond to communications from Donate for Dough in a timely and professional manner. This includes emails, phone calls, and request for information related to Card sales, Card deliveries, or Participant issues.

   2. Coordination. The Organizer is responsible for managing the internal execution of the fundraising campaign, including coordinating the distribution of the Cards, collecting and submitting orders, and overseeing individual sales efforts.

   3. Accuracy. The Organizer must ensure that all information provided to Donate for Dough, including contact detail, order quantities, and Participant list (if applicable), is accurate and kept up to date.

   4. Compliance. The Organizer is responsible for ensuring that the Organization and its Participants comply with these Terms, including any sales or marketing guideline issues by Donate for Dough.

   5. Authority. The Organizer shall be deemed authorized to act on behalf of the Organization, including placing orders and receiving official communication from Donate for Dough.

4. Cards use and Validity:

   1. Locations. Cards are valid only at select locations as shown on Donate for Dough’s website www.donatefordough.com/ourstores. These Cards will not be honored at other locations except those specifically listed on Donate for Dough’s website.  Although Donate for Dough will strive to keep its list of participating locations up to date, Donate for Dough will not be responsible for actions of individual locations regarding honoring or denial of use of Cards. 

   2. Expiration.

      1. Cards purchased from January 1 to July 1 of each year shall expire on January 1 of the following year.

      2. Cards purchased from July 2 to December 31 of each year shall expire on July 1 of the following year.

      3. The applicable expiration date will be clearly indicated on the Cards.  It is the responsibility of the Organization to make purchasers aware of expiration dates. 

   3. Lost or Stolen Cards. Donate for Dough is not responsible for any lost or stolen Cards.  The Organization will be responsibility for all lost or stolen Cards. 

5. Ordering, Delivery, and Returns of Cards:

   1. Purchase of Cards. All Cards must be pre-sold or sold through the online platform.  Notwithstanding the above, Donate for Dough in its sole discretion may allow an Organization to pre-purchase Cards for sale by making full payment for such Cards prior to delivery to the Organization.

   2. Delivery of Cards. Once the Program has ended and the funds have been submitted by the Organizer and received by Donate for Dough, the Cards will be mailed within 10 business days. Donate for Dough shall not be responsible for any lost or stolen Cards or for the failure of any Cards being delivered to the purchaser or the Organization.  

   3. Cards Sold Through Online Platform. Any Cards purchased directly from the online platform of Donate for Dough will be mailed directly to the purchaser at the address provided  at the time of purchase. Donate for Dough shall not be responsible for any lost or stolen Cards purchased directly from the online platform.

6. Fundraising Period: The fundraising period shall be for 2 weeks, unless otherwise authorized in writing by Donate for Dough (the “Fundraising Period”). Within 3 business days following the end of the Fundraising Period, the Organizer shall be responsible for submitting and entering all pre-sale Card sales into the online platform.  Any sales that occur after the Fundraising Period may not be honored. Donate for Dough may determine, in its sole and absolute discretion, whether or not to honor a sale after the closing of the Fundraising Period. It shall be the sole responsibility of the Organization to communicate the Fundraising Period to the Participants.

7. Online Platform: The Organizer will have a product page created on Donate for Dough’s website. The Organizer will be permitted to share the link and product page with any of the potential purchasers. Purchaser’s will be required to use this webpage to purchase the Cards to help ensure all purchases benefit the correct fundraiser.

   1. Donate for Dough will use the information the Organization provides to: (i) manage the Organization’s account; (ii) track total and Participant Card sales; (iii) process payment for any Card purchases; (iv) enforce our Terms; and (v) manage the fundraiser.

   2. Donate for Dough does not guarantee up time for any digital platform, dashboard, or website. In the event of an outage, Donate for Dough will use best efforts to address and fix any issues preventing access or website availability.   In no event will Donate for Dough have any liability to an Organization, Participant, or purchaser for failure of the digital platform, dashboard, or website to properly function. 

8. Payment of Proceeds. After the conclusion of the Fundraising Period and after all pre-sales have been entered by the Organizer, Donate for Dough will calculate the total number of Card sold through the pre-sale program and through the online platform, and funds shall be paid as follows:

   1. If the number of Cards sold through the pre-sale program and online platform are equal, no further payment will be required by either party;

   2. If more Cards are sold through the online platform than through the pre-sale program, Donate for Dough will pay the Organization, within 14 business days, the difference necessary to ensure the Organization receives an amount equal to the Proceeds. In order to allow for prompt and accurate payment, Donate for Dough will require the Organizer to provide the necessary account information to allow for payment of Proceeds to occur via Automated Clearing House (“ACH”). Inaccurate or incomplete account information may delay payment of Proceeds; or

   3. If more Cards are sold through the pre-sale program than through the online platform, Donate for Dough shall provide notice to the Organization of the outstanding balance due and owing. Within 3 business days after receipt of the notice, the Organization shall remit payment directly to Donate for Dough. The Organization will not receive the Cards until full and final payment has been received by Donate for Dough.

9. In-Person Presales: Should the Organization elect to perform in person presales or sales, the Organization agrees to the following and it will be the Organizer’s responsibility to ensure that:

   1. In-person sales are conducted solely at the discretion of the Participants or Organization;

   2. Donate for Dough shall not be responsible for any lost or stolen money during or as part of such sales;

   3. Donate for Dough is not responsible for any claims, losses, damages, injuries, or liabilities that arise from or relate to any in-person sales activities;

   4. All participants engaging in in-person sales agree to do so in a safe, respectful, and lawful manner; and

   5. Any Participant under the age of 18 years of age be accompanied by a guardian or responsible adult at all times while conducting sales or any activity related thereto

10. Prize Fulfillment: At its discretion, Donate for Dough may offer prizes or incentives to Participants based on the number of individual Cards sold. Any such prizes will be subject to the following:

    1. Eligibility. Only Participants affiliated with the Organization participating in the Program are eligible for individual prizes;

    2. Verification. Prize eligibility is subject to verification of all reported sales. Participants or Organizations may be required to submit individual sales logs or other documentation if Cards were sole via in-person presale;

    3. Prize Structure. Prizes, eligibility thresholds, and applicable deadlines will be communicated in writing by Donate for Dough to the Organization. Donate for Dough reserves the right to modify, substitute, or cancel prizes at its sole discretion;

    4. Distribution. Prizes shall be distributed directly from Donate for Dough following the completion of the Fundraising Period and after all sales have been documented. Organizations are responsible for accurately reporting and confirming Participant’s sales tallies; and

    5. Misconduct. Any fraud, misrepresentation, or tampering with reported sales shall result in disqualification from prize eligibility and potential termination from the Program.  This may be applied to Participants or the entire Organization in Donate for Dough’s sole discretion.   

11. Termination: Donate for Dough reserves the right to terminate this Agreement at any time, with or without cause. In the event of termination, Donate for Dough will refund the Organization for any Proceeds raised during the Fundraising Period. The Organization agrees, that upon notice of termination to promptly return any Cards to Donate for Dough.

12. Prohibited Actions: Participants and the Organization agrees not to engage in any of the following activities in connection with the Terms:

    1. Misrepresenting the Terms, benefits, or limitations of the Cards;

    2. Selling Cards through unauthorized channels, including but not limited to online marketplaces (e.g., eBay, Craigslist, Facebook Marketplace) without Donate for Dough’s express written consent;

    3. Sales of Cards for amounts exceeding $20;

    4. Re-sale of Cards by non-Participants;

    5. Altering, reproducing, or copying any Cards or marketing materials provided by Donate for Dough;

    6. Using Donate for Dough’s logos, or branding in a misleading or unauthorized manner;

    7. Collecting or using personal information from Card purchasers in violation of applicable privacy or date protection laws;

    8. Engaging in any conduct that is fraudulent, deceptive, harassing, defamatory, or otherwise harmful;

    9. Making claims or commitment on behalf of Donate for Dough or participating restaurants without prior written approval.

    10. Such other rules as may from time to time be displayed on Donate for Dough’s website.

13. Donate for Dough reserves the right to immediately terminate an Organization’s participation in the Program, revoke Card privileges and pursue any applicable legal remedies in the event of a violation of the Terms or this Section.

14. Donate for Dough SMS Terms & Conditions:

    1. Program Name: Donate for Dough

    2. Program Description: By opting in, you will receive text message updates about your fundraising card sales progress from Donate for Dough. Message frequency may vary. Message and data rates may apply.

    3. How to Opt Out: You can cancel the SMS service at any time. Just text STOP to our number. After you send “STOP,” we will send you a confirmation message to verify your request. After this, you will no longer receive SMS messages from us. If you wish to rejoin, simply sign up again, and we will resume sending SMS messages to you.

    4. Help Information: If you are experiencing issues with the messaging program, reply with the keyword HELP for more assistance. You can also get help directly by emailing us at support@donatefordough.com or calling 320-403-4088.

    5. Carrier Liability: Carriers are not liable for delayed or undelivered messages.

    6. Message & Data Rates: As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have questions about your text or data plan, contact your wireless provider.

    7. Frequency: Message frequency may vary.

    8. Privacy: If you have any questions regarding privacy, please review our Privacy Policy. 

15. Miscellaneous:

    1. Independent Contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between Donate for Dough, the Organization, or the Participants. Each party is acting independently and not as an agent or representative of the other.

    2. No Endorsement. Participation in this Program does not imply any endorsement of the Organization or its mission by Donate for Dough or any participating restaurant.

    3. Taxes. Donate for Dough operates this Program as a revenue-share fundraising initiative in which the Organization earns or collects funds from supporters in the form of donation or contributions. The Organization then remits a portion of those funds to Donate for Dough in order to cover its costs of the fundraising cards, and operation of the Program.  Donate for Dough makes no representation as the taxability of the funds raised by the Organization or the deductibility of any part of the purchase price paid for the Cards.  Any representations made by Participants, an Organizer or Organization shall be their own and such representations are disclaimed by Donate for Dough. 

    4. Hold Harmless.  The Organization agrees to indemnify, defend, and hold harmless Donate for Dough from and against any costs, damages, liabilities, and claims resulting from actions of the Organization, the Organizer, or Participants relating to participation in the Program, sales of Cards, or activities related thereto including without limitation damages to persons or property that may occur during or as part of sales activities.  Organization represents to Donate for Dough that Organization has proper assets and/or insurance to undertake this indemnification. 

    5. Submission to Jurisdiction and Venue.  These Terms shall be governed by and interpreted under the Laws of the State of Minnesota. The Organization agrees that any legal action, enforcement proceeding, or claim (including any action to confirm or enforce an arbitration award) must be brought exclusively in the State district court located in Kandiyohi County, Minnesota. The Organization irrevocably submits to the jurisdiction of that court and waives any objection or argument based on venue in such forums is not convenient, or personal jurisdiction. The Organization also waives the right to bring or remove any such claim to federal court, regardless of domicile or jurisdictional amount.  

    6. Force Majeure. Donate for Dough shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, labor disputes, supply chain disruptions, sickness, pandemic, government mandated closures, or changes in law.

    7. Assignment. Donate for Dough may assign its rights to the Terms without notice. The Organization shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Donate for Dough.

    8. Modifications: Donate for Dough reserves the right to modify, amend, or update the Terms at any time, in its sole discretion, without notice. In the event the Terms are updated or modified, the Organization will be provided a copy of the updated Terms. Continued participation in the Program following the issuance of the updated Terms constitutes acceptance of the revised Terms.   Donate for Dough reserves the right to add rules and regulations including without limitation those deemed necessary for the protection of the integrity of the Program and/or safety of Participants. 

    9. Severability. If any provision of these Terms is held to be involved or unenforceable, that provision will be served, and the remaining provisions contained in these Terms will remain in full force and effect.

    10. Waiver. Any failure by Donate for Dough to enforce any right or provision under these Terms will not constitute a waiver of such right or provision unless acknowledged in writing.

    11. Entire Agreement. These Terms, together with any signed order forms or Agreement, constitute the entire agreement between the parties and supersedes all prior agreement or understanding, whether written or oral, relating to the Agreement or these Terms.